Party Autonomy in EU Private International Law, Volume 49: Choice of Court and Choice of Law in Family Matters and Succession

This book examines the party autonomy in cross-border family matters and succession in EU private international law, analyzing the choice of court and choice of law provisions developed over the past two decades. It evaluates these rules in view of the EU's objectives and identifies gaps that need to be addressed.

Format: Paperback / softback
Length: 352 pages
Publication date: 04 January 2021
Publisher: Intersentia Ltd

This book delves into the concept of party autonomy in cross-border family matters and succession in EU private international law. It conducts an in-depth analysis of the choice of court and choice of law provisions that have emerged within this framework over the past two decades. These rules are assessed and compared in light of the underlying values and objectives of the EU. The question arises: Do these provisions effectively meet the EU's objectives in adopting legislative action? If not, what factors hinder their fulfillment? Are there any gaps that require attention, and how can these issues be addressed?

Party Autonomy in EU Private International Law: Choice of Court and Choice of Law in Family Matters and Succession is a valuable resource for researchers, legal practitioners, and civil servants with a keen interest in private international law and/or cross-border family- and succession law issues.

The book explores the concept of party autonomy in cross-border family matters and succession in EU private international law. It conducts an in-depth analysis of the choice of court and choice of law provisions that have emerged within this framework over the past two decades. These rules are assessed and compared in light of the underlying values and objectives of the EU.

The question arises: Do these provisions effectively meet the EU's objectives in adopting legislative action? If not, what factors hinder their fulfillment? Are there any gaps that require attention, and how can these issues be addressed?

To answer these questions, the book employs a comprehensive approach. It begins by examining the theoretical foundations of party autonomy and its relevance in cross-border family matters and succession. It then explores the historical development of the choice of court and choice of law provisions in EU private international law.

The book analyzes the various legal frameworks and principles that govern these provisions, including the Rome Convention, the Hague Convention, and the Brussels Regulation. It examines the criteria used to determine the applicable law and the role of national courts in the enforcement of foreign judgments.

Furthermore, the book assesses the effectiveness of these provisions in meeting the EU's objectives in adopting legislative action. It examines the case law of the European Court of Justice (ECJ) and other relevant courts to identify any gaps or inconsistencies in the interpretation and application of these rules.

Based on the findings, the book makes recommendations for improving the effectiveness of party autonomy in EU private international law. It suggests that the EU should continue to promote the development of international conventions and agreements that enhance party autonomy, such as the Hague Convention on the Choice of Law for Foreign Civil Matters.

The book also calls for the EU to strengthen its cooperation with national courts and other legal authorities to ensure the uniform application of party autonomy principles. It suggests that the EU should provide guidance and training to legal practitioners and civil servants to enhance their understanding and application of these rules.

In conclusion, Party Autonomy in EU Private International Law: Choice of Court and Choice of Law in Family Matters and Succession is a valuable resource for researchers, legal practitioners, and civil servants with an interest in private international law and/or cross-border family- and succession law issues. It provides a comprehensive analysis of the choice of court and choice of law provisions in EU private international law and assesses their effectiveness in meeting the EU's objectives in adopting legislative action. The book makes recommendations for improving the effectiveness of party autonomy and calls for the EU to strengthen its cooperation with national courts and other legal authorities to ensure the uniform application of these rules.

Weight: 616g
Dimension: 160 x 239 x 24 (mm)
ISBN-13: 9781780689746